Laserfiche WebLink
MILLER MENDEL. INC. <br />decode or copy any portion of the eSOPH System; (iii) remove any patent, trademark, service mark or copyright <br />notices which MMI places on the eSOPH System; or (iv) take any other actions inconsistent with the limited rights <br />granted by this Agreement. <br />2.5.1 Client shall immediately notify MMI of any activity to which it becomes aware which <br />may constitute infringement or attempted infringement of MMI's rights in and to the eSOPH System, including <br />violations of intellectual property law(s). Client shall provide MMI with all reasonable assistance necessary or <br />desirable for MMI to protect any of its rights, including without limitation its Intellectual Property Rights, in <br />connection with the eSOPH System and agrees, upon written request from MMI, to furnish any and all records <br />and information regarding the party suspected of infringement. <br />2.6 Administrative Users. Client shall designate one person as their Primary Administrative User on <br />Exhibit A, which is hereby incorporated into this Agreement. Client may designate additional Administrative Users <br />authorized to contact MMI for Support Requests pursuant to Sections 2.9 (Support Services) and 2.10 (Support <br />Request Requirements). As described within this Agreement, the person(s) listed in the Exhibit A are the only <br />representatives of Client authorized to contact and submit support requests to MMI, and they are responsible for <br />troubleshooting all Authorized User and Applicant issues prior to submitting support requests to MMI. Client is <br />responsible for maintaining a current list of the Administrative User(s) with MMI, and must notify MMI within 48 <br />hours of any change in an Administrative User by providing MMI an updated Exhibit A listing all of Client's <br />Administrative Users. Client shall be responsible for training replacements for any of Client's Administrative Users. <br />If Client requests MMI provide replacement training, such training shall be provided at MMI's then -standard rates <br />for training. Client shall pay MMI's then standard hourly rate for support and assistance provided to Administrative <br />Users necessitated from Client's failure to designate a property trained person as an Administrative User. <br />2.7 System Updates. The eSOPH System may be updated on an as -needed basis by MMI or MMI <br />contracted service providers. Client may need to update its Internet browsers, connections, Internet service, and <br />some hardware from time to time to permit ongoing compatibility with the eSOPH System. <br />2.8 Sample Forms. The scope, content, format and other details of information and materials requested <br />from Applicants through eSOPH as well as the forms and fields used to collect such information are within the <br />exclusive control of Client and its Authorized Users. Any default or sample forms or fields provided or pre -loaded <br />on the eSOPH System ("Sample Forms") are provided by MMI "as is" with no warranty of any kind, express or <br />implied. If Client uses such Sample Forms, Client does so at Client's own risk, and Client is solely responsible for <br />evaluating such Sample Forms' suitability for Client's purposes and making any necessary or appropriate changes, <br />including without limitation changes required for compliance with laws and regulations that apply to Client. <br />2.9 Support Services. MMI shall provide the following services (the "Support Services") with respect <br />to the eSOPH System: <br />2.9.1 MMI will use its commercially reasonable efforts to: (i) maintain the eSOPH System so <br />that it operates without Defects; (ii) host and make the eSOPH System Available at all times excluding Scheduled <br />Downtime; and (iii) cure or minimize the adverse impact of any Defect as soon as is reasonably practicable after <br />such Defect is reported in accordance with this Section 2.9 (Support Services). <br />2.9.2 Subject to Client's maintaining suitable environments and systems that are compatible, <br />MMI shall provide, install, and implement, as they become available, any bug fixes of the eSOPH System that are <br />provided by MMI free of additional charge to all licensees of the eSOPH System. <br />2.9.3 Excluded Services. The Support Services do not include any of the following: (a) <br />configuration of other applications required to access eSOPH System, including, but not limited to Client's <br />interact service, operating systems, faewalls, or networking components; (b) Client's ongoing training needs; (c) <br />any version upgrades of Client's 3rd party software used in connection with the eSOPH System; (d) enhancements, <br />modifications, or customization to the eSOPH System performed at the Client's request and not intended to resolve <br />a Defect; (e) any version or release of the eSOPH System that MMI may issue as a separate edition, including an <br />MASTER SOFrwARE LICENSE & SERVICES AGREEMENT PAGE 5 OF 21 <br />Version: June], 2019— Santa Ana Specific (See Addendum) <br />